CHARANJIT SINGH Vs. DB MERCHANT BANKING SERVICES LIMITED

JUDGEMENT

(1.) The petitioner is aggrieved by an order dated 13.2.1998 passed by learned Metropolitan Magistrate, Delhi on the basis of which he was summoned in a complaint filed by the respondent under Section 138 of the Negotiable Instruments Act, (hereinafter referred to as 'the Act' only).

(2.) Briefly stated, the facts relevant for the disposal of this petition under Section 482 of the Code of Criminal Procedure, are that the respondent filed a complaint under Section 138 of the Act against accused No. 1 M/s. Ganga Automobiles Ltd. and accused No. 2 Ashwani Suri, a Director of the said Company. The complainant instead of mentioning the name of the petitioner or any other Director, as accused in the complaint mentioned at Sr. No. 3 other Directors M/s. Ganga Automobiles Services Ltd., S-11, Green Park Extension, New Delhi". In the entire complaint neither the petitioner was named nor any allegation was made that he was also liable to be prosecuted by virtue of Section 142 of the Act. Vide impugned orders dated 13/02/1998, the learned Metropolitan Magistrate took cognizance of the offence under Section 138 of the Act and ordered issuance of summons to the accused Nos. 1 and 2 mentioned in the complaint and other Directors without naming them and without there being allegations rendering them liable under Section 138 read with Section 142 of the Act. The impugned summoning order dated 13/02/1998 reads as under:

(3.) The petitioner has come to this Court praying for the quashing of the above summoning order mainly on the ground that in the absence of his name even in the complaint and without there being any allegation in the complaint to suggest that he was liable by virtue of Section 142 of the Act no process could be issued against him. Learned Counsel has also assailed the way in which the summons were ordered to be issued to "other Directors" on furnishing of a list by the complainant. According to him, the impugned order reflects utter non-application of mind by the learned Trial Court.